§ 40-6-101 — Proceedings - delegation of duties - rules

Colorado § 40-6-101

• Jurisdiction: Colorado
• Title 40: Utilities
• Art.: Hearings and Investigations

Text

(1) The commission
shall conduct its proceedings in such manner as will best conduce the proper
dispatch of business and the ends of justice. All of the provisions of article 4 of title
24, C.R.S., shall apply to the work, business, proceedings, and functions of the
commission, or any individual commissioner or administrative law judge; but where
there is a specific statutory provision in this title applying to the commission, such
specific statutory provision shall control as to the commission. For this purpose, any
administrative law judge, as provided in this title, shall be deemed to be a hearing
commissioner as that term is used in said article 4 of title 24, C.R.S. The commission
may from time to time make or amend such general rules or orders as may be
requisite for the order and regulation of proceedings before it, or before any
individual commissioner or administrative law judge, including forms of notices and
the service thereof. Any party to the proceeding may appear before the commission
or any individual commissioner or administrative law judge and be heard. Every vote
and official act of the commission, any individual commissioner, or an administrative
law judge shall be entered of record and such record shall be made public upon the
request of any party interested. All hearings before the commission, any individual
commissioner, or an administrative law judge shall be public.

(2) (a) The commission may by order direct that any of its work, business, or
functions under any provision of law, except functions vested solely in the
commission under this title 40, be assigned or referred to an individual
commissioner or to an administrative law judge to be designated by order for
action. The commission may by order at any time amend, modify, supplement, or
rescind any such assignment or reference. When an individual commissioner or an
administrative law judge is unable to act upon any matter assigned or referred
because of absence or other cause, the chair of the commission may designate
another commissioner or administrative law judge, as the case may be, to serve
temporarily until the commission otherwise orders.

(b) Every case submitted to the commission for adjudication must be heard in
the first instance by the commission unless, by rule, minute order, or written
decision, the commission assigns the case to an administrative law judge or to an
individual commissioner for hearing.

(3) An individual commissioner or an administrative law judge has authority
to hear and determine, order, certify, report, or otherwise act as to any work,
business, or functions assigned or referred to such officer under the provisions of
this title and, with respect thereto, has all the jurisdiction and powers conferred by
law upon the commission and is subject to the same duties and obligations. The seal
of the commission shall be the seal of an individual commissioner or administrative
law judge. Except as otherwise provided in this title, any order, decision, or
requirement of an individual commissioner or an administrative law judge with
respect to any matter assigned or referred to such officer under subsection (2) of
this section has the same force and effect and may be made and evidenced in the
same manner as if made or taken by the commission.

(4) All hearings and investigations before the commission, any individual
commissioner, or any administrative law judge shall be governed by this title and by
rules of practice and procedure adopted by the commission; and, in the conduct
thereof, neither the commission, nor any individual commissioner, nor any
administrative law judge shall be bound by the technical rules of evidence. No
informality in any proceeding or in the manner of taking testimony before the
commission, any commissioner, or any administrative law judge shall invalidate any
order, decision, rule, or regulation made, approved, or confirmed by the commission.

(5) Notwithstanding subsections (2) to (4) of this section, the commission
may promulgate rules to authorize the delegation of its routine administrative
transportation matters to commission staff. If the commission promulgates rules
pursuant to this subsection (5), the commission shall define in rule the meaning of
the term routine administrative transportation matter.

Legislative History

Source: L. 13: p. 489, � 38. C.L. � 2947. CSA: C. 137, � 38. L. 45: p. 527, � 4. CRS 53: � 115-6-1. C.R.S. 1963: � 115-6-1. L. 69: p. 939, � 33. L. 89: Entire section amended, p. 1526, � 9, effective April 12. L. 93: (2) amended, p. 2063, � 16, effective July 1. L. 2003: (3) amended, p. 1705, � 18, effective May 14. L. 2019: (2) amended and (5) added, (SB 19-236), ch. 359, p. 3311, � 15, effective May 30.